ry six hours during which such obstruction, flutter wheel, TIT. 11. "dam, contrivance, artifice or machinery, shall so continue. 24. Provided nevertheless, That if the boat sluice through A. A. 1811. the shoals of said river, and thirty feet on each side of the dam, making the said sluice, or where the boat sluice shall run near either bank of said river, then and in that case, if sixty feet from the side of the dam making the said sluice, which is farthest from the bank, shall be kept open and free from any of the aforesaid obstructions and contrivances, nothing herein contained shall be so construed as to prevent the erection of fish dams or mill dams on each side of said river, so as not to contravene the objects and intentions of the aforesaid provision. mile river, and Little ri ver, to be kept, passage of 25. And be it further enacted, That any person who hath Coneross or may hereafter erect any fish dam, hedge or other obstruc- creek, Twelve tion across the creeks called Deep creek, or Coneross, or the › rivers Twelve Mile, or Little river, as far up each of the aforesaid streams as the first mill now erected, shall, by the first open for the day of March next, provide a good and sufficient opening, at least ten feet wide, for the free of fish passage fish. said rivers up and creeks; and upon neglect thereof, shall forfeit and pay to any person who shall inform and sue for the same, before any justice of the peace the sum of ten dollars for every twenty-four hours, during which such obstruction shall continue after the time aforesaid. 26. And be it further enacted, That the aforesaid obstruc- Obstructions tion or obstructions, flutter wheel or flutter wheels, contri- to be regardvance, artifice or machinery which are or may hereafter be ed as nuisanmade to prevent the free passage of fish up the river Keowee and ces. its waters, shall be considered nuisances, and may be abated as such by any person or persons whatsoever. And this act shall be deemed and taken to be a public act, and judicially taken notice of as such, without being specially pleaded, and liberally construed to effect the purposes aforesaid. 27. And be it further enacted, That the act passed in the Lynch's creek year one thousand seven hundred and ninety-two, for keep- to be kept ing Big Lynch's creek open, for the passage of fish, shall ex- open to John tend up the said creek, as far as John Massey's mill, and no Massey's mill. further. 28. Whereas, certain persons have, for their own emolu- A. A. 1813. ments, of late, obstructed the passage of fish up Reedy river, Dec. Sess. by erecting high and impassable dams across the said river: For remedy whereof, Be it enacted, That any person or persons, who now have or hereafter may erect any fish dam or fish dams, mill dam or mill dams, hedge or hedges, or other obstruction or obstructions whatsoever, across the said Reedy river, from its mouth to the Tumbling shoals thereon, shall, on or before the fifteenth day of February next, and from time to time, and at all times thereafter, between the fifteenth day of February, and the first day of May, in every year, provide and keep a passage at least ten feet wide, sufficient to let fish freely pass through such fish dams, mill dams or other obstructions across the said river. TIT. 11. A. A. 1813. 29. And be it further enacted, That any person or persons who shall neglect or refuse to provide and keep such passage as aforesaid, in his, her, or their dam or dams, hedge or hedges, or other obstructions as aforesaid, shall for every twentyfour hours he, she or they so refuse or neglect, respectively forfeit and pay the sum of six dollars, to be recovered before any justice of the peace in the district in which such obstructions may exist, by any person or persons who shall or may sue for the same, by action of debt, to be applied to the sole use of such informer. 30. And be it further enacted, That all acts and parts of acts repugnant hereto, be, and the same are hereby repealed. 31. And be it enacted, That the owners of all fish dams, or other artificial obstructions to the passage of fish up Little Lynch's creek, in the district of Kershaw, shall, and they are hereby required, on or before the twentieth day of February next, to remove and reduce the same at least to one half the width of the said creek, when such dam or other obstruction shall be standing, and if he, she or they shall refuse or neglect so to do, they shall severally forfeit and pay the sum of twenty dollars, for every five days he, she or they shall refuse or neglect so to do, to be recovered before any one justice; one half to go to the informer, and the other to the use of the poor of the said district; and if the owners of such dams or other obstruction shall refuse to remove the same, agreeable to the provisions of this act, any three of the inhabitants of the said district, are hereby authorized to remove the same. 32. And be it enacted, That if any person or persons shall hereafter presume to build or erect any dam or other obstruction in the said creek, extending to a greater distance than one half the width of the said creek, at low water mark, they shall forfeit and pay a like penalty, to be recovered and disposed of in the manner above provided. 33. And be it further enacted, That Reuben Stark and Chapman Levy, esquires, be, and they are hereby appointed commissioners on the part and behalf of the state, and that Adam Walker and old captain Barnett, be, and they are hereby appointed commissioners on the part and behalf of Catawba Company, to ascertain the amount of money expended advantageously, in the opening of the Catawba river, the amount expended for other purposes, and the amount given for the purchase of stock by the present stockholders, the amount of money arising from the sale of lands sold by the said Catawba Company, and that they do report the same at the next session of the legislature. 34. And be it enacted, That if either or both of the first named commissioners refuse to act, then and in that case the governor shall appoint persons to act in their place, and if both or either of the last named commissioners shall refuse to act, then and in that case, the said company shall appoint persons to act in their place. 35. And be it enacted, That the said commissioners are hereby directed and required to meet on the first Monday in 1 August next, and they are hereby authorized to choose a fifth TIT. 11. person to act with them for the purposes aforesaid. 36. And be it enacted, That the suit now pending in the A. A. 1813. court of equity, against the said company, on the complaint Dec. Sess. of the state, be suspended until the next session of the legislature. Provided, The said company desist from making any further sale of their lands. TITLE 12. Georgetown. TIT. 12. 1. BE it enacted, That the commissioners herein after named, shall be, and they are hereby empowered to engage proper persons to serve as pilots for the bar and harbour of A. A. 1784. Georgetown, Winyaw, and to purchase or build a proper boat P. L. 339. or boats for the use of said pilots, in such manner as shall ap- Commissionpear to the said commissioners most conducive to the safety for the harers of pilotage of the navigation there; and the pilots so engaged, shall be bour of, &c. subject to such rules as shall be made for their conduct, by the said commissioners, and shall for every neglect of duty, be liable to be discharged from the said employment, and also be subject to such forfeiture, not exceeding the salaries to be allowed them, as to the said commissioners, or a majority of them, shall be judged proper, over and above any other damages that may be legally demanded from them. 2. That shall be, and they are hereby appointed commissioners for putting this act in execution; and in case of the death or removal of any one or more of the said commissioners, the remainder of them shall have power to appoint an equal number of other proper persons to serve as commissioners in the room of such as shall be so dead or removed. 3. Whereas the inhabitants of Georgetown, Prince George's A. A. 1791. parish, Winyaw, have long laboured under great inconve- Feb. Sess. niencies, for the want of some persons properly authorized to 1 Faust 87. keep in repair the streets and causeways of the said town, and to prevent the illicit trafficking with negro slaves: And whereas, (by the cession from this state to the United States, of all right to collect tolls and duties upon shipping and merchandize entering into the ports of the state) the port of Georgetown has been deprived of the funds appropriated by law to the purpose of keeping a pilot-boat and pilots for the said port: 4. Be it enacted, That commissioners of the streets, (to be Commissionappointed by the inhabitants of Georgetown,) shall have powers of the er to assess, according to the valuation of the general tax, all the streets to be lots and buildings of the said town, in such a sum as they shall appointed. deem sufficient for keeping the streets and causeways of the said town in repair; also to regulate the ferries from the said To regulate VOL. III. Their powers. TIT. 12. A. A. 1791. 1 Faust 88-9. li town over Georgetown river, to the road leading to Charleston, and to Waccamaw road leading to North-Carolina and also that they shall have power to demand and receive the sum of fifty pounds for each and every license to keep a billiard table, and the sum of five pounds for each and every streets, fercense to retail spirituous liquors in the said town; the amount ries, billiard tables, retail- of such licenses to be applied to the purpose of keeping a piing of spiri- lot-boat, and to other occasional purposes of the said port; tuous liquors, and also that the commissioners aforesaid, or any two of them, shall have power, in a summary manner, by a warrant under their hands and seals, to seize and rent the premises,* until the amount of such assessments are fully paid, and to levy on goods and chattels, until the price of such license be discharged: And the monies arising from licenses and billiard tables, to be paid to the commissioners of the pilotage for the use of the said port and pilot-boat. &c. To regulate the assize of bread, coerce butch. ers, &c. To prevent certain nuisances in the streets, and trafficking with slaves, &c. This act shall be deemed a public act. A. A. 1805. 5. Be it further enacted, That the commissioners aforesaid shall have power to regulate the assize and price of bread; and shall have power to compel butchers and others, to produce to the clerk of the market of Georgetown, the hides and ears of all cattle brought for sale to the said market, the said ears to be immediately destroyed by the clerk, who shall be entitled to demand and receive frem all butchers and others, bringing the same to market, the sum of six pence, as a compensation for his keeping a regular account of all the brands and marks of the said cattle. 6. Be it further enacted, That the commissioners of the streets aforesaid, shall have power to prevent all persons from galloping through the said streets, and to prevent stud horses, goats and sheep, from going at large within the said town, and to prevent all persons from trafficking with negro slaves, or retailing spirituous liquors to them, within the harbour of Georgetown, or on the creeks and rivers of Prince George's parish, Winyaw; and also that the commissioners aforesaid, shall have power in a summary manner, to affix and levy fines upon all persons offending against any of the above regulations, not exceeding five pounds for each offence. 7. Be it enacted, That this act shall be deemed and taken as a public law, and notice thereof shall be taken in all courts of justice and elsewhere in this state; and it shall be given in evidence in the trial of any cause or issue without special pleading, any law, usage, or custom, to the contrary thereof, notwithstanding. 8. Whereas, from the increase of the trade, from the growing importance of the town of Georgetown, it is indispensably necessary that many regulations should be made, for the preservation of the health of the inhabitants, and for the security of the property within the said town and its vicinity, and also for the maintenance of peace and good order within the limits of the same: And whereas, from the many weighty and important matters, that occupy the attention of the legislature See State Constitution, Art. 9. TIT. 12. whenever they meet, it is found impracticable for them to devise, consider and deliberate upon all such laws and regulations as the local circumstances of the said town may from A. A, 1805. time to time require; Therefore, into four 9. Be it enacted, That from and immediately after the com- The town inmencement of the operation of this act, all persons citizens of corporated, the United States, having resided one year within the said and divided town, or having a freehold for that term within the same, wards. - shall be deemed, and is hereby declared to be a body politic and corporate; and the said town shall hereafter be deemed, and is hereby declared to be a town corporate, and shall be called and known by the name of Georgetown, and shall be divided into the following wards, viz: First, all that part of the said town which lies south-eastwardly of Queen-street, shall constitute the first ward; second, all that part of the said town which lies between the south-east side of Queen-street, and the south-east side of Screven-street, shall constitute the second ward; third, all that part of the said town which lies between the south-east side of Screven-street and the southeast side of Broad-street, shall constitute the third ward; fourth, and the remaining part of the said town shall constitute the fourth ward. And the town council hereafter mentioned, shall have power, from time to time to alter the limits of the said wards, so as that they do not diminish the number thereof. wardens. 10. Be it enacted, That an election, by ballot, for an intend- Election to be ant and four wardens, shall be held on the first Monday of held for inMarch next; and that Thomas Chapman and John Shackel- tendant and ford be managers thereof; and on the first Monday of March in every year thereafter, at some convenient public place in Georgetown; and that every free white inhabitant of the state, a citizen of the United States, of the age of twenty-one years or upwards, who has resided one year within the said town, or who has, at the time of the election, a freehold within the same, shall be entitled to a vote for the said intendant and wardens, who shall be residents and freeholders within the said town. 11. Be it enacted by the authority aforesaid, That the in- Annual electendant and wardens for the time being, shall give ten days tions, how public notice of such election as aforesaid, and appoint the to be conplace for holding it, and proper persons for managing and con- ducted. ducting the same; and the said managers, after the election is closed, shall make a return to the intendant for the time being, of the persons chosen as intendant and wardens for the ensuing year; and the said intendant for the time being, shall give immediate notice to the several persons elected, of their respective election; and when and as often as the said intendant and wardens shall be elected as aforesaid, and before entering upon the discharge of the duties of his or their office, he or they shall respectively take the oaths prescribed by the constitution of this state, and the following oath or affirmation, viz. "As intendant (or warden) of the town of George- Oath of office, town, I will equally and impartially, to the best of my skill and ability, exercise the trust reposed in me, and will use my |